Select Committee on European Scrutiny Eighteenth Report


AIR QUALITY: LIMIT VALUES FOR BENZENE AND CARBON MONOXIDE


(a)
(19802)
5518/99
COM(98)591

(b)
(21181)
7906/00
COM(00) 223


Draft Council Directive relating to limit values for benzene and carbon
monoxide in ambient air.



Amended draft Council Directive relating to limit values for benzene
and carbon monoxide in ambient air
Legal base: Article 175 EC; co-decision; qualified majority voting 
Document originated: (b) 11 April 2000
Forwarded to the Council: (b) 13 April 2000
Deposited in Parliament: (b) 2 May 2000
Department: Environment, Transport and the Regions 
Basis of consideration: (both) EM of 11 May 2000
Previous Committee Report: (a) HC 34-xvii (1998-99), paragraph 5 (28 April 1999) and
HC 34-xxix (1998-99), paragraph 7 (27 October 1999)
(b) None
To be discussed in Council: No date set
Committee's assessment: Politically important
Committee's decision: (a) Cleared (decision already reported 27 October 1999)
(b) Cleared

Background

  10.1  Council Directive 96/62/EC[15] sets out a framework for Community air quality policy, and lays down a timetable for "daughter" legislation to establish ambient air quality standards for 12 individual pollutants (including benzene and carbon monoxide, which are the subject of the present document).

  10.2  As we noted in our Report of 28 April 1999, benzene is a carcinogen, for which there is no safe threshold, and where the Commission has therefore concluded that a precautionary approach should be adopted, with the aim of making exposure as low as reasonably achievable. On the other hand, although carbon monoxide can be lethal indoors, outdoor concentrations are much lower, and there are known threshold levels below which no effects are observed. In commenting on the actual limit values in the proposal, our Report also noted both the major qualifications surrounding the Commission's accompanying analyses and the very great extent to which, at Community level, the projected costs appeared to outweigh the expected benefits, particularly for benzene.

  10.3  These concerns were addressed in a Supplementary Explanatory Memorandum of 28 July 1999 from the then Parliamentary Under-Secretary of State at the Department of the Environment, Transport and the Regions (Mr Meale), which pointed out that, as a result of measures taken since the Commission had prepared its cost benefit analyses, it was now unlikely that the value limits proposed for these two pollutants would be exceeded, and that in particular the controls were thus unlikely to give rise to costs or benefits in the UK. In view of this, we cleared the document at our meeting on 27 October 1999, but asked the Government to comment on what the proposal was likely to achieve in practice, and on whether more stringent limit values might not have been put forward.

Supplementary Explanatory Memorandum of 11 May 2000

  10.4  The Commission has now put forward an amended proposal for the draft Directive incorporating several of the amendments proposed by the European Parliament. These changes mainly clarify the provisions and do not affect the requirements set out in the draft Directive.

  10.5  In his Supplementary Explanatory Memorandum of 11 May 2000, the current Parliamentary Under-Secretary of State at the Department (Mr Hill) says that the UK's primary consideration has been to ensure that the agreed limits are compatible with its national air quality objectives for these pollutants. He goes on to point out that the objectives in the UK 1997 National Air Quality Strategy have since been tightened in the Air Quality Strategy for England, Scotland, Wales and Northern Ireland published in January this year. Thus, the objectives for benzene (16.25mg/m3 as a running annual mean) and for carbon monoxide (11.76mg/m3 as a running 8 hour mean) will now have to be met in 2003 rather than 2005, and the Government has stated its longer term policy of reducing benzene levels still further (to 3.25mg/m3 by the end of 2005). He adds that these objectives will be met through a combination of action at European, national and local levels, and that it seems that existing policy measures will enable the UK to comply with the limit values at virtually all sites. He says that the Government therefore considers that it has achieved its negotiating objectives, and that the fact these proposals have no additional costs or benefits for the UK reflects the high level of protection already offered by national policy, rather than a lack of ambition in the negotiations.

Conclusion

  10.6  We are grateful to the Minister for this further explanation, which does not of course affect our earlier clearance of document (a). We now also clear document (b).


15   OJ No. L 296, 21.11.96, p.55. Back


 
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